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In the manufacturing sector, percent foreign equity is generally allowed. Most restrictions exist in the services sector. Many sectors have however been liberalized in recent years. Despite being liberalized, investment in the different service sectors remains subject to approval of the relevant Ministries, which have broad discretionary powers to impose conditions on a project, including foreign equity limits. A limit on foreign equity of 70 percent remains for investment banks, insurance companies, and takaful Islamic insurance operators.
Thirty percent of the equity in these companies needs to be reserved for Bumiputera , and the directors need to be Bumiputera as well. Service provision to this sector is subject to government approval, such as market research, management consulting, leasing machinery or equipment, real estate services, cleaning, supporting services for road transport, etc. Network Facilities Provision and Network Service Provision remains subject to a 70 percent foreign equity limit.
Upstream oil and gas is controlled by Petronas, a state company. Foreign companies can provide oil and gas services in partnership with local companies. Here, foreign participants may not hold more than 49 percent of the equity. Foreigners may not set up their own legal services firms, foreign law firms may enter into partnership agreements with local firms or establish a local presence.
Foreigners are prohibited from producing a number of Lao cultural handicrafts, as well as from fishing and operating fish farms unless certain conditions are met. The exploitation of natural resources of generation of energy requires a joint venture with a local party. Myanmar revised its Foreign Investment Law in , distinguishing four categories. The government has amended this list several times in the past few years.
Investors should be aware that the conditions and requirements may change rapidly. The government may permit foreign companies to engage in these activities, deciding on a case-by-case basis. About Us. Asia Briefing Ltd. Dezan Shira is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in China, Hong Kong, India, Vietnam, Singapore and the rest of ASEAN.
For further information, please email asean dezshira. Stay up to date with the latest business and investment trends in Asia by subscribing to our complimentary update service featuring news, commentary and regulatory insight. Tax, Accounting, and Audit in Vietnam The first edition of Tax, Accounting, and Audit in Vietnam, published in , offers a comprehensive overview of the major taxes foreign investors are likely to encounter when establishing or operating a business in Vietnam, as well as other tax-relevant obligations.
This concise, detailed, yet pragmatic guide is ideal for CFOs, compliance officers and heads of accounting who need to be able to navigate the complex tax and accounting landscape in Vietnam in order to effectively manage and strategically plan their Vietnam operations.
These include bilateral investment treaties, double tax treaties and free trade agreements — all of which directly affect businesses operating in Asia. The Asia Tax Comparator In this issue, we compare and contrast the most relevant tax laws applicable for businesses with a presence in Asia.
We also take a look at some of the most important compliance issues that businesses should be aware of, and conclude by discussing some of the most important tax and finance concerns companies will face when entering Asia. This publication, designed to introduce the fundamentals of investing in ASEAN, was compiled by the experts at In response, cou This publication, designed to introduce the fundamentals of investing in Indonesia, was compiled by the expert This publication, designed to introduce the fundamentals of investing in Singapore, was compiled by the expert After overcoming the Asian financial crisis in , Indonesia developed into a vibrant democracy with the lar Your email address will not be published.
Save my name, email, and website in this browser for the next time I comment. Notify me of follow-up comments by email. Notify me of new posts by email. Stay Ahead of the curve in Emerging Asia. The concession contract was signed by the federal government as well as the state government of Selangor. The government argues that the company has not met its performance targets and has not disclosed all the information it was obliged to disclose.
The state of Selangor has offered to buy back all water concessions in the state. Since investments in sewerage did not keep pace with investments in water supply, the responsibility for sewerage in much of peninsular Malaysia was transferred from local governments to Indah Water Konsortium IWK in The contract was awarded by the federal government without competitive bidding.
In the concession was cancelled and the federal government took over the ownership of the company. Since independence investment in water supply had been a responsibility of the 13 states of Malaysia, with no significant role for the federal government.
Although Malaysia is de iure a federal state, de facto most states depend on fiscal transfers from the federal government. Therefore, the country is often considered a de facto unitary state see Federalism in Malaysia. The federal government thus always played a role in the water sector, although water services were legally an exclusive responsibility of the states. The objective was to make the sector more efficient, to create a sustainable funding mechanism and to improve the customer orientation of service provision.
A key step of the reform was a constitutional amendment approved in January Through it water services became a shared responsibility between the States and the Federal Government. The National Water Services Commission, the national regulatory agency for the sector, began its work in January when the new laws became effective. The reform only applies to peninsular Malaysia. The government has also declared that no more water services concessions will be awarded.
Existing concessionaires that choose to remain with their concession agreements are allowed to operate until the end of their concessions. The legal framework for the water and sanitation sector differs between peninsular Malaysia with its 11 federal states and two federal territories on the one hand and Eastern Malaysia with the federal states Sabah and Sarawak and one federal territory on the other hand.
While a water reform was enacted for peninsular Malaysia in , the previous legal and institutional framework was maintained in Eastern Malaysia. Two main laws passed in form the legal framework of the water and sanitation sector in peninsular Malaysia. The acts separated the functions of policy making government , regulation SPAN , asset ownership PAAB and service provision state water companies from each other. The laws were enacted after extensive public consultations over two years.
As part of the reform process, for the first time in Malaysian history a draft bill had been made available for public discussion before it was presented to Parliament. SPAN now issues licenses for water operators, mainly state water companies. These licenses can theoretically be revoked if key performance indicators are not met or other standards are not respected. The standards are set and monitored by SPAN. In Eastern Malaysia water supply remains a responsibility of state governments and sanitation a responsibility of local governments.
Within the executive branch of the federal government, the Ministry of Energy, Green Technology and Water is in charge of setting water supply and sanitation policies. It is assisted by two technical agencies under its supervision: The water supply department JBA and the sewerage services department JPP.
The latter was established through the Sewerage Services Act of as a regulatory agency for the private sanitation company IWK. When IWK was taken over by the government in , the sewerage services department became responsible for the development of infrastructure while IWK remained in charge of operation and maintenance as a publicly owned company. The regulatory functions of JPP ceased in Service provision is clearly separated between water supply on the one hand and sanitation on the other hand.
They are then leased back to public operators mostly State Water Companies as well as private operators. All operators have to be licensed by the regulatory agency SPAN and have to achieve certain performance indicators specified in the licenses. Sanitation sewerage and wastewater treatment is organised differently.
The largest wastewater operator is Indah Water Konsortium Malaysia IWK that handles sewerage and wastewater treatment all over peninsular Malaysia, except for the State of Kelantan and the capital of Johor state. Assets, however, are owned by the local authorities of Malaysia. Where IWK does not operate the sanitation infrastructure, local authorities provide this service directly.
Private operators. Some private operators hold concessions for water treatment plants. They are usually not directly in touch with customers, but they sell treated water in bulk to water distribution companies. Some of these contracts were awarded after competitive bidding, such as the Johor Bahru water treatment plant, while others were awarded after direct negotiations, such as the Semangar water treatment plant. It has been described by a Malaysian NGO as a success story of water privatisation.
Prior to the reform the federal Government provided loans to state governments for the development of water infrastructure. State governments provided their own funding as well. Malaysia has a vibrant oil and gas industry. These revenues have allowed the country to keep water tariffs low through subsidies, while providing almost universal access to water supply and sanitation.
Private concessions are funded predominantly by debt raised at market rates. The cost is passed on to taxpayers that have to shoulder the debt, or to consumers that have to face higher water tariffs. Through the reform the responsibility to finance and develop new water infrastructure in peninsular Malaysia has been transferred to the asset management company PAAB.
PAAB is financed through an initial equity contribution from the federal government and lease payments that it is due to receive from state water companies. PAAB is in the process of taking over both assets and debt from the state water companies.
It is expected to contract debt at commercial rates in the capital market, obtaining favourable rates thanks to guarantees by the federal government. Water infrastructure development in Sabah and Sarawak continues to be financed directly by the federal and state governments. This is almost double the allocation under the 7th Malaysia Plan. Tariffs and cost recovery. In the long run, the Federal Government wants the state operators to achieve full cost recovery and attain financial independence.
There are 14 different regional water tariffs in Malaysia, each corresponding roughly to one state. The lowest domestic tariff is in Penang MYR0. The average industrial water tariff in was MYR1. The full costs of service provision - operating costs plus capital costs - are not covered through revenues. Despite these low tariffs, some states have further reduced water tariffs. Chan Ngai Weng has called for the removal of water subsidies to encourage water conservation. The Penang State Government is reluctant to review its low water tariffs, despite the fact that market survey studies conducted by the state water utility and the NGO Water Watch Penang indicate that the majority of water consumers are willing to pay for a "reasonable" tariff increase as long as the service is maintained at a high standard.
Although water supply in Penang state is privatised, tariffs are the lowest in Malaysia due to the subsidies. Residential water bills are in the order of RM 2. From Wikipedia, the free encyclopedia. Remunicipalisation tracker. Retrieved 25 May
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